Order XXIII - appeals under section 38 of the advocates act, 1961(25
of 1961) : Supreme Court Rules 2013
How to file appeals under section 38 of the advocates act, 1961? Order XXIII of Supreme Court Rules 2013
Order XXIII of Supreme Court Rules 2013 : "appeals under
section 38 of the advocates act, 1961"
1. An appeal from an order made by the Disciplinary Committee
of the Bar Council of India under section 36 or section 37 of
the Advocates Act, 1961 (25 of 1961) shall be lodged in the
Court by the aggrieved person, or the Attorney General for
India, or the Advocate General of the State concerned, as the
case may be, within sixty days from the date on which the order
complained of is communicated to aggrieved person:
Provided that in computing the period of sixty days the time
requisite for obtaining an authenticated copy of the order
sought to be appealed from shall be excluded.
2. The memorandum of appeal shall be in the form of a
petition. It shall state succinctly and clearly all the relevant
facts leading up to the order complained of, and shall set forth
in brief the objections to the decision appealed from and the
grounds relied on in support of the appeal. The petition shall
also state the date on which the order complained of was
received by the appellant. The allegations of facts contained in
the petition which cannot be verified by reference to the duly
authenticated copies of the documents accompanying it shall be
supported by affidavit of the appellant.
3. The petition shall be divided into paragraphs, numbered
consecutively, each paragraph being confined to a distinct
portion of the subject and shall be typed or photocopied or
printed on one side of standard petition paper, demy-foolscape
size, or on paper of equally superior quality.
4. The petition shall be made on a court-fee stamp of the
value of five thousand rupees and shall be signed by the
appellant, where the appellant appears in person, or by a duly
authorised advocate-on-record on his behalf.
5. The petition of appeal shall be accompanied by-
(i) an authenticated copy of the decision sought to be
appealed from; and
(ii) at least seven spare sets of the petition and the papers
filed with it.
6. The Registrar after satisfying himself that the petition
of appeal is in order, shall endorse thereon the date of
presentation, register the same as an appeal and send a copy
thereof to the Secretary, Bar Council of India, for record.
7. On the registration of the petition of appeal, the
Registrar shall, after notice to the appellant or his
advocate-on-record, if any, post the appeal before the Court for
preliminary hearing and for orders as to issue of notice. Upon
such hearing, the Court, if satisfied that no prima facie case
has been made out for its interference, may dismiss the appeal,
and, if not so satisfied, direct that notice of the appeal be
issued to the Advocate General of the State concerned or to the
Attorney-General for India or to both and to the respondent.
8. Within ten days of the receipt by him of the intimation of
admission of appeal under rule 7, the Secretary of the Bar
Council of India shall transmit to the Court the entire original
record relating to the case and such number of copies of the
paper books prepared for the use of the Disciplinary Committee
of the Bar Council of India as may be available.
9. Within fifteen days of the service of the notice of
admission of appeal under rule 7 the Advocate General of the
State or the Attorney-General or the respondent may cause an
appearance to be entered either personally or by an
advocate-on-record on his behalf.
10. Where a respondent does not enter appearance
within the time limited under rule 9, the appeal shall
set down for hearing ex-parte as against him on the
expiry of the period of one month from the receipt by
him of the notice of the admission of appeal.
11. After the receipt of the original record the Registrar
shall with all convenient speed, in consultation with the
parties to the appeal, select the documents necessary and
relevant for determining the appeal and cause sufficient number
of copies of the said record to be typed or photocopied or
printed at the expense of the appellant.
12. Unless otherwise ordered by the Court, every appeal under
this Order shall be made ready and if possible posted for
hearing before the Court within four months of the registration
13. Where the appellant fails to take any steps in the appeal
within the time fixed for the purpose by these rules or unduly
delays in bringing the appeal to a hearing, the Registrar shall
call upon him to explain his default and if no Explanation is
offered, or if the Explanation offered is, in the opinion of the
Registrar, insufficient, the Registrar may after notifying all
the parties who have entered appearance, place the appeal before
the Court for orders on the default, and the Court may dismiss
the appeal for want of prosecution, or give such directions in
the matter as it may think fit and proper.
14. The costs of and incidental to all proceedings in the
appeal shall be in the discretion of the Court.